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CM-07-08-188STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 11 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: Carter & Burgess, Inc. ("Engineer") ADDRESS: 2705 Bee Cave Road, Suite 300, Austin, TX 78746 PROJECT: US 79 from FM 1460 to CR 195 (Gap Project) This Supplemental Agreement No. 11 to Agreement for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Carter & Burgess, Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on March 23, 2000 to provide engineering services for the design of a four -lane divided section on US 79 — from FM 1460 to CR 195 to include bridge design at Arterial A, for the sum of $398,182.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on June 28, 2001 to amend the scope of services, to extend the contract date from August 31, 2001 to December 31, 2002, and to increase the compensation by $158,118.00 to a total of $556,300.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on September 13, 2001 to amend the scope of services and to increase the compensation by $68,021.00 to a total of $624,321.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 3 on January 10, 2002 to amend the scope of services and to increase the compensation by $27,275.00 to a total of $651,596.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 4 on June 27, 2002 to amend the scope of services and to increase the compensation by $33,266.00 to a total of $684,862.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 5 on December 19, 2002 to amend the scope of services, to increase the compensation by $32,673.00 to a total of $717,535.00, and to extend the contract period to December 31, 2003; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 6 on December 18, 2003 to amend the scope of services, to increase the compensation by $54,918.58 to a total of $772,453.58, and to extend the termination date; and Supplemental Agreement Rev.03/02/04 Carterburgess-US79-FM1460toCR195; TX012ND79; 00119491 64836 1 WHEREAS, the City and Engineer executed Supplemental Agreement No. 7 on September 23, 2004 to amend the scope of services, to increase the compensation by $98,643.00 to a total of $871,096.58, and to modify the provision for notices to proceed; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 8 on May 26, 2005 to modify the provisions for the scope of services and to increase the compensation by $12,175.00 to a total of $883,271.58; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 9 on April 28, 2006 to modify the provisions for the scope of services and to increase the compensation by $15,729.00 to a total of $899,000.58; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 10 on August 4, 2007 to modify the provisions for the scope of services and to increase the compensation by $39,428.00 to a total of $938,428.58; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services and to increase the compensation by $27,824.00 to a total of $966,252.58; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 2, Scope Of Services To Be Performed By Engineer and Exhibit B, Services To Be Performed By The Engineer shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $27,824.00 the lump sum amount payable under the Agreement for a total of $966,252.58, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. CARTER & BURGESS, INC. By: 1'5• mor“ A f.l K C- atZ1 NC t PA -L 6 !bI o7 Supplemental Agreement Carterburgess-US79-FM 1460toCR 195; TX012ND79; 00119491 2 Rev.03/02/04 64836 Date CITY OF ROUND ROCK By: Date riTAmcS ,2 A1usb, Cliym1-Am- Supplemental Agreement Carterburgess-US79-FM1460toCRl95; TX012ND79; 001 19491 3 APP ',i1o1 VED AS TO ORM: diwie- Steph.r L. Sheets, City Attorney Rev.03/02/04 64836 ADDENDUM TO EXHIBIT B Services to be Provided by the Engineer The changes to the scope of this project are as follows: The work effort and the management for the project included in this contract will be conducted in the Engineer's. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. The Engineer will solicit and secure written permission for entry to accomplish any work beyond the existing right of way. The Engineer is fully responsible for any traffic control required from any data collection activities. The control must be consistent with the City's procedures. The Engineer may not close a lane of traffic without the written approval of the City's Project Manager. All survey work shall be done in accordance with Texas Board of Professional Surveyors "Manual of Practice for Land Surveying." The Engineer shall provide the following services: CONSTRUCTION PHASE SERVICES Shop Drawing Review Shop drawings requiring review may include, but shall not be limited to, the following items. Prestressed Concrete Beams (TY IV) Prestressed Concrete Panels Elastomeric Bearing Pads Permanent Metal Deck Forms Type T501 Rail Armor Joint (with Seal) Concrete Box Culverts and Storm Drains Reinforced Concrete Pipe Manholes and Inlets Headwalls and Wingwalls Safety End Treatments Frames, Grates, Rings and Covers Roadway Illumination Assemblies Conduit Electrical Conductors Ground Boxes Small Roadside Sign Supports and Assemblies Traffic Signals Vehicle and Pedestrian Signal Heads Pedestal Pole Assemblies Pedestrian Detectors and Vehicle Loop Detectors Shop drawings shall be reviewed as requested. The following procedures shall be used for the reviews: 1. Review the drawings for conformity to the plans, specifications, and special provisions, as well as conformity to any subsidiary standards or criteria referred to by the plans, specifications or special provisions. 2. If the drawing is found to be in conformity, or an alternate design is adequate and acceptable, the drawing shall be marked "No Exceptions Taken" with signature, date and statement that "Review is only for general conformance with the design concept of the contract documents. Markings or comments shall not be construed as relieving the contractor from compliance with the project plans and specifications, nor departures there from. The Contractor remains solely responsible for details and accuracy, for confirming and correlating all quantities and dimensions, for selecting fabrication processes, for techniques of assembly, for safety and for satisfactory performance of his work." 3. If there are only minor corrections, the incorrect information shall be crossed out and the correct information will be written next to the crossed out information. All the redlines shall be done in indelible red ink. The submittal shall be returned marked "Make Correction as Noted" and no re -submittal shall be required. 4. If the corrections are more significant and the Engineer does not concur with the information on the drawings, then the submittal shall be returned marked "Amend and Resubmit." The Drawings must then be resubmitted for a second review. 5. If the drawings are found not to be in conformity, the drawings shall be marked "Rejected See Remarks." An explanation of why the submittal was disapproved will be provided in enough detail for the Contractor to be able to make the corrections for re -submittal. 6. A cover letter will be returned with the reviewed drawings containing: a. A description of the submittal; b. the status of the submittal; c. a listing of sheet numbers and titles reviewed; d. if the design reviewed was an alternate design, a notation declaring that an alternate design was presented and what criteria were used to determine if the alternate design is adequate and acceptable and; e. if the submittal was not accepted without exception, an explanation of the exceptions. Preparation of Change Orders, Alternate Design or Additional Design Details The Engineer shall be available to prepare Change Orders, Alternate Designs or Additional Design Details as directed by the City of Round Rock or its representatives throughout the duration of the construction. The Engineer will document each Change Order, Alternate Design or Design Details in sufficient detail to allow the processing of the design refinement. The Engineer shall submit original mylar drawings and six copies of all Change Orders or designs requested by the City of Round Rock. In relation to preparation of change order documents, the Engineer shall be available to: • prepare a Fair Construction Cost Estimate for the change • evaluate contractor's proposed quotation against the Fair Construction Cost Estimate • submit recommendations to the City of Round Rock for final approval, and • assist the City of Round Rock and or its representatives in negotiating change order following approval Respond to Questions related to the Plans The Engineer shall be available to respond to questions related to the plans and specifications as needed throughout the duration of the construction. The Engineer will document each question in sufficient detail, formulate a response and submit a written version of the response to the City of Round Rock for distribution to all involved parties. ADDENDUM TO EXHIBIT C Work Schedule The changes to the Work Schedule for this project are as follows: Schedules shall be performed as agreed upon by the City of Round Rock and the Engineer. • The Agreement Period shall be extended to September 30, 2008. ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: SUMMARY OF CONTRACT BY COMPANY CONSTRUCTION PHASE SERVICES (FC 351) FIRM HOURS SALARY OVERHEAD PROFIT PROJECT % OF TOTAL MANAGER 15.00% TOTAL TOTALS SPECIALIST TECH TOTAL HOURS: 40 CONSTRUCTION PHASE SERVICES (FC 351) 40 40 0 40 0 200 SALARY RATES: C&B 200 $8,444 $14,986 $3,514 $26,944 100.00% $29.26 TOTAL: 200 $8,444 $14,986] $3,5141 $26,944 $2,174 $2,090 $1,672 $1,338 TOTAL CONTRACT LABOR COST $1,170 $0 $8,444 OVERHEAD MULTIPLIER: 1.7748 $3,858 $3,709 $2,967 C&B 200 $8,444 $14,986 $3,514 $26,944 100.00% $905 $870 $696 $557 $0 $487 $0 $3,514 TOTAL: 200J $8,444 $14,986 $3,514 $26,944 $6,669 $5,335 $4,768 $0 $3,735 TOTAL CONTRACT DIRECT COST $26,944 C&B $880 CLASSIFICATION TOTAL SALARY TOTAL: OVERHEAD PROFIT TOTAL $880 HOURS RATE CONTRACT TOTAL MULTIPLIER Bore COST 1.7748 $27,824 100% TOTAL PROJECT MANAGER 40 $54.34 $2,174 $3,857.71 TOTAL: $6,936 25.74% $27,824 SENIOR DESIGN ENGINEER TASK AND DESCRIPTION CONSTRUCTION PHASE SERVICES (FC 351) PROJECT SR. DES DESIGN ASST DES SR DESIGN CADD TOTAL MANAGER ENGINEER ENGINEER ENGINEER SPECIALIST TECH TOTAL HOURS: 40 40 40 40 0 40 0 200 SALARY RATES: $54.34 $52.25 $41.80 $33.44 $0.00 $29.26 $0.00 $30.16 DIRECT SALARY COSTS: $2,174 $2,090 $1,672 $1,338 $0 $1,170 $0 $8,444 OVERHEAD MULTIPLIER: 1.7748 $3,858 $3,709 $2,967 $2,374 $0 $2,077 $0 $14,986 PROFIT: 15.00% $905 $870 $696 $557 $0 $487 $0 $3,514 TOTAL: 59?J36 $6,669 $5,335 $4,768 $0 $3,735 $0 $26,944 CLASSIFICATION TOTAL SALARY DIRECT OVERHEAD PROFIT TOTAL %of HOURS RATE SALARY MULTIPLIER Bore COST 1.7748 15.00% TOTAL PROJECT MANAGER 40 $54.34 $2,174 $3,857.71 $905 $6,936 25.74% SENIOR DESIGN ENGINEER 40 $52.25 $2,090 $3,709.33 $870 56.669 $5,335 24.75% ASST DESIGN ENGINEER 40 $41.80 $1,672 $2,967.47 $696 19.80% DESIGN ENGINEER 40 $33.44 $1,338 $2,373.97 $557 $4,268 15.84% ASST DESIGN ENGINEER 0 $0.00 $0 $0.00 $0 $0 0.00% SR. DESIGN SPECIALIST 40 $29.26 $1,170 $2,077.23 $487 $3,735 13.86% CADD TECHNICIAN 0 50.00 $0 $0.00 $0 $0 0.00% TOTALS 200 $8,444 $14,986 $3,514 $26,944 100.00% DIRECT COST Mylar Plots 0 Square Feet @ $2.50/Sq. Ft.= $0 Blueline Reproductions or Printing 0 Square Feet @ $.25/Sq. Ft.= $0 Express Deliveries 16 1600 Deliveries @ Miles @ $25.00/ Del.= $0.40/mile = $320 $560 Auto Mileage 9 Auto Rental 0 Day $60/day Per Diem 0 Day $30/day = $0 0 TOTAL DIRECT COST - $880 SUMMARY Labor + Overhead + Cost $26,944 Direct Cost $880 TOTAL CONTRACT COST - ITS CSJ 0204-01-049 $27,824 TASK AND DESCRIPTION STANDARD NO. OF PROJECT SR. DES DESIGN ASST DESIGN SR DESIGN CADD TOTAL HRSISHT SHEETS SHEETS MANAGER ENGINEER ENGINEER ENGINEER SPECIALIST TECHNICIAN HRSISHT HOURS HRSISHT HOURS HRSISHT HOURS HRSISHT HOURS HRSISHT HOURS HRSISHT HOURS HRSISHT HOURS CONSTRUCTION PHASE SERVICES (FC 351) 1. Shop Drawing Reviews 4 4 4 4 0 4 0 20 2. Change Orders, Alternate or Additional Designs 12 12 12 12 0 12 0 60 3. Respond to Request for Information 24 24 24 24 0 24 0 120 SUBTOTALS 0 0 40 40 40 40 0 40 0 200 TOTAL SHEETS ANDIOR HOURS 0 40 40 40 40 0 40 0 200 2007 UPDATE Multipliers Overhead 1.7748 Profit 0.1500 Total 3.1910 Wage Rates Base Multiplied Project Manager $54.34 $173.40 Senior Design Engineer $52.25 $166.73 Design Engineer $41.80 $133.38 Asst Design Engineer $33.44 $106.71 Senior Design Specialist $0.00 $0.00 CADD Technician $29.26 $93.37 Clerical $0.00 $0.00 Survey Manager $0.00 $0.00 Survey Technician $0.00 $0.00 RPLS $0.00 $0.00 Field Party (4 person) $0.00 $0.00 Field Party (2 person) $0.00 $0.00 Field Party (3 person) $0.00 $0.00 GPS Equipment $0.00 $0.00 DATE: August 6, 2007 SUBJECT: City Manager Approval - August 10, 2007 ITEM: Action authorizing the City Manager to approve Supplemental Contract #11 for Carter & Burgess, Inc. for US 79 from FM 1460 to CR 195 (Gap Project). Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director of Transportation Services Justification: Due to unforeseen circumstances, this supplemental contract will provide the continuance of Engineering Services due to project delays that include construction phased services such as shop drawing reviews, change order preparation, generation of details or future alterations of plans as directed by the City of Round Rock. In addition, the drainage system must be modified due to the new proposed "Arterial A" roadway design and the addition of several driveways in order to allow access into private properties. Funding: Cost: $27,824.00 Source of funds: 4B -Round Rock Transportation System Development Corporation Outside Resources: Carter & Burgess, Inc. Background Information: The US 79 project is a federally funded project that the City, in conjunction with TxDOT, is working to widen the existing State Highway to a 4 -lane divided section, which includes drainage, signalization, illumination and signage improvements. Public Comment: N/A Blue Sheet Format Updated 01/20/04